The fence was not there in 2000 so the question of has any boundary feature been moved or replaced in the last 20 years was answered falsely by the seller. It was erected circa 2003 only 10 years before it was sold to me.

so does that mean you owe the seller some extra money because neither of you realised more was being sold than you thought...

A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the land. If you do not care (as advocates of the rule of thumb believe) and do not make a determined attempt to gain possession of the land that you own then in law you can loose it by the neighbour's adverse possession due to you accepting the you bought what you saw/rule of thumb attitude that the land grabbers rely on to get away with taking other peoples property. The Poster has every right to fight for what he in good faith paid for as shown on his LR Title plan.

The fence was not there in 2000 so the question of has any boundary feature been moved or replaced in the last 20 years was answered falsely by the seller. It was erected circa 2003 only 10 years before it was sold to me.

so does that mean you owe the seller some extra money because neither of you realised more was being sold than you thought...

kind regards, Mac

I am not sure if you think you are helping which I thought was the point of this forum but for clarity I came on here asking for assistance to know my rights (if any) and what actions i can take.

I am quite happy to furnish information if there is a serious motive to assist me but I will not be indulging in semantics and arguing over minutiae.

I did not realise more was being sold than thought. I thought I was buying what was on the title plan. Have you actually read my original post?

Do you have any constructive advice Mac please?I haven't come here to argue and play games - there is already enough stress in our lives. Thank you and respect to you

Morgan Sweet wrote:Is that a serious question Mac? It appears rather flippant.

A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the land. If you do not care (as advocates of the rule of thumb believe) and do not make a determined attempt to gain possession of the land that you own then in law you can loose it by the neighbour's adverse possession due to you accepting the you bought what you saw/rule of thumb attitude that the land grabbers rely on to get away with taking other peoples property. The Poster has every right to fight for what he in good faith paid for as shown on his LR Title plan.

Morgan Sweet wrote:Is that a serious question Mac? It appears rather flippant.

A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the land. If you do not care (as advocates of the rule of thumb believe) and do not make a determined attempt to gain possession of the land that you own then in law you can loose it by the neighbour's adverse possession due to you accepting the you bought what you saw/rule of thumb attitude that the land grabbers rely on to get away with taking other peoples property. The Poster has every right to fight for what he in good faith paid for as shown on his LR Title plan.

There is no land grabbing. The Title Plan is intended to show which property you bought - not where on that property the boundary lies, that is what the fence is for.

You seem determined to draw comparisons between your own situation and the OPs, which is not unreasonable but flawed in at least one aspect - neither you, your son, or his predecessor in title, erected the boundary feature.

The law presumes you will fence to the fullest extent of your land, whenever you don't, you've immediately lost the use of any of your land that lies beyond the fence, with two conveyances and a 14 year timescale, I would say the land is irrevocably lost to the OP. Add to that the four year delay in the OP noticing any discrepancy in the boundary feature...............

Last edited by arborlad on Tue Sep 12, 2017 9:40 am, edited 2 times in total.

Morgan Sweet wrote:Is that a serious question Mac? It appears rather flippant.

A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the land. If you do not care (as advocates of the rule of thumb believe) and do not make a determined attempt to gain possession of the land that you own then in law you can loose it by the neighbour's adverse possession due to you accepting the you bought what you saw/rule of thumb attitude that the land grabbers rely on to get away with taking other peoples property. The Poster has every right to fight for what he in good faith paid for as shown on his LR Title plan.

Couldnt agree more.

"What they saw" was a Title Plan including all their land (including the bit the neighbour is trying to steal). As for it not being "land-grabbing" - well are we going to call it "theft", "adverse possession" or "land-grabbing"? They all mean exactly the same thing = someone trying to steal something off someone else. A rose by any other name smells as sweet or, in this case, foul. I'll just be dead straight - and call it "attempted theft by next door neighbour" then.

Apologies for not giving exact personal details in my posts - you never know who is reading....

The fence was not there in 2000 so the question of has any boundary feature been moved or replaced in the last 20 years was answered falsely by the seller. It was erected circa 2003 only 10 years before it was sold to me.

so does that mean you owe the seller some extra money because neither of you realised more was being sold than you thought...

kind regards, Mac

I am not sure if you think you are helping which I thought was the point of this forum but for clarity I came on here asking for assistance to know my rights (if any) and what actions i can take.

I am quite happy to furnish information if there is a serious motive to assist me but I will not be indulging in semantics and arguing over minutiae.

I did not realise more was being sold than thought. I thought I was buying what was on the title plan. Have you actually read my original post?

Do you have any constructive advice Mac please?I haven't come here to argue and play games - there is already enough stress in our lives. Thank you and respect to you

Hi xxredmaxx,

I am trying to help.

if life is stressful enough why are you even entertaining what you set out in your OP?!?

to be clear, you have not presented any evidence on here which shows the neighbour has possession of a section of your land AND even if you did have clear evidence there is no magic solution for getting it back if he doesn't agree or won't yield - you'd have yourself a boundary dispute, lighter pockets, a non-recoverable relationship with the neighbour and a whole tonne of stress.

you seem very certain of where the fence should be - to the point you dismiss any suggestions you might be wrong - have you engaged a qualified surveyor or do you have professional experience yourself?

Kind regards, MacPS is it not a shallow arc then? I'd got that from the fact the fence begins in the correct place at one end and is c3m awry at the other and you estimate the wedge is c2sqm...

Last edited by MacadamB53 on Tue Sep 12, 2017 9:19 am, edited 1 time in total.

Morgan Sweet wrote:Is that a serious question Mac? It appears rather flippant.

A Poster asks for advice to help him recover land that he legally paid for, he believes he has the paper Title to the land and the evidence to support it. There is NO rule of thumb, if you own the paper title then you and only you own the land. If you do not care (as advocates of the rule of thumb believe) and do not make a determined attempt to gain possession of the land that you own then in law you can loose it by the neighbour's adverse possession due to you accepting the you bought what you saw/rule of thumb attitude that the land grabbers rely on to get away with taking other peoples property. The Poster has every right to fight for what he in good faith paid for as shown on his LR Title plan.

Couldnt agree more.

"What they saw" was a Title Plan including all their land (including the bit the neighbour is trying to steal). As for it not being "land-grabbing" - well are we going to call it "theft", "adverse possession" or "land-grabbing"? They all mean exactly the same thing = someone trying to steal something off someone else. A rose by any other name smells as sweet or, in this case, foul. I'll just be dead straight - and call it "attempted theft by next door neighbour" then.

Hi Eliza,

what on earth are you on about? and how does it help?

if the fence is in the wrong place it doesn't follow that this was part of some sinister plan...

Eliza wrote:"What they saw" was a Title Plan including all their land (including the bit the neighbour is trying to steal). As for it not being "land-grabbing" - well are we going to call it "theft", "adverse possession" or "land-grabbing"? They all mean exactly the same thing = someone trying to steal something off someone else. A rose by any other name smells as sweet or, in this case, foul. I'll just be dead straight - and call it "attempted theft by next door neighbour" then.

Viewing and purchasing a property based solely on what the Title Plan purports to include - would have to be regarded as the highest form of folly

The existing boundary feature was erected by one of the OPs predecessors, by no stretch of the imagination can this equate to 'land grabbing' by the neighbour. Your mind seems to work in ways I've yet to fathom.

For the OP: Just disregard - there is nothing remotely helpful or accurate in that post!!

You said you didn't notice that the boundary was in the wrong place. When you viewed the house you saw the fence in situ and purchased it thinking the boundary was correct. You were presumably happy with what you had bought.

I have been in your neighbours situation. Our new bully neighbour pushed and pushed to get 'his' land back. I nearly had a nervous breakdown. I ended splitting the disputed land with him, and in the process my much loved garden, created by me over the last 20 years was destroyed, leaving my heartbroken. I bought this house with the fence in the same position it was when the new neighbour bought his.

So we are now leaving because I cannot bear to live next door to someone with so little respect for me. Someone who was willing to do this over an 8inch strip of land.

Please don't underestimate the emotional impact on your neighbour of what you are doing